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Strahan v. State

In his first point, appellant argues that the trial court erroneously denied his challenge for cause to venire a prospective juror. A trial court's ruling on a challenge for cause will not be overturned on appeal unless the ruling constitutes an abuse of discretion. The trial court saw and heard the juror as she responded to questioning, and in light of her answers the appellate court deferred to the trial court's evaluation and belief that the juror could follow the law. Fort Worth Court of Appeals, Nos. 2-08-384-CR & 2-08-385-CR, 01-07-2010

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OPINION

I. Introduction

Appellant Johnathan David Strahan appeals his convictions for seven counts of possession of child pornography (Cause No. 14,235) and four counts of aggravated sexual assault (Cause No. 14,236). In five points, Strahan argues that the trial court erroneously refused to excuse a prospective juror for cause, that the trial court erroneously denied his motion to quash the indictment in Cause No. 14,236; that the evidence was legally insufficient in Cause No. 14,236; that the State made improper jury argument at the guilt-innocence phase of the trial; and that the trial court incorrectly cumulated his sentences. We will affirm the judgment in Cause. No. 14,236, and we will modify the judgment in Cause No. 14,235 and affirm it as modified.

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